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Discussion Topic  RE: Immigration arrest authority (in Criminal) by D.Merritt
I believe that a first illegal entry is a misdemeanor and a second offense is a felony. 8 U.S.C.A. &......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: deadly weapon finding (in Criminal) by D.Merritt
This seems to be one: "Here, the indictment specifically alleged the use of a "deadly weapon," and ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  Parental Terminations law change (in Juvenile Law) by D.Merritt
Anyone who handles parental terminations should look at the new provison, 263.405(i), that was signe......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  RE: SB 1195 (in Criminal) by D.Merritt
Here is the house version. ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: 14 year old habeas corpus (in Criminal) by D.Merritt
Argue laches. Ex parte Carrio, 992 S.W.2d 486 (Tex.Crim.App.1999)....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: PDR technical question (in Appellate) by D.Merritt
You leave the cause number at the top blank (unless you have filed a motion for extension to file th......
TDCAA > TDCAA Community > Appellate

Discussion Topic  HB 1575 (in Juvenile Law) by D.Merritt
Just wanted to let those interested in Juvenile law know that the big Juvenile Bill is headed for a ......
TDCAA > TDCAA Community > Juvenile Law

Discussion Topic  Last minute capital writs (in Criminal) by D.Merritt
Is anyone keeping track of the number of times the Texas Defender Service (or capital defense counse......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Need Assistance on Case Law on a Forcing a Witness to Testify (in Criminal) by D.Merritt
Here is a case where the motion you are dealing with was rejected on appeal. Jackson v. State 110 S......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Boston Legal (in Criminal) by D.Merritt
What surprised me more than the unconcealed hatred that David Kelley seems to have for Texas was the......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Passenger (in Criminal) by D.Merritt
You can probably make an argument based on the smell. Garcia v. State, 2013 WL 3326027, at *2 (Tex.......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Using Prior Testimony of Defendant if he doesn't testify? (in Criminal) by D.Merritt
If he does testify at trial, you should be able to use his suppression testimony for impeachment -- ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  CCP 57.03 -- disclosure of victim where a pseudonym has been used (in Civil) by D.Merritt
Anyone have an idea how the prohibition on disclosing the identity of a victim who has chosen to use......
TDCAA > TDCAA Community > Civil

Discussion Topic  RE: Oral argument requests (in Appellate) by D.Merritt
Amarillo did that to me once -- no big deal, the case was meritless. The Fort Worth court requires ......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: US v. Jones v. Confidential Informants (in Criminal) by D.Merritt
A court should reject the complaint on the basis of consent for the entry. Cases you might look at ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Good Faith applicable? (in Criminal) by D.Merritt
For the Fourth Amend issue you can look at Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, ......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Production of Defendant's Personal Written Statement (in Criminal) by D.Merritt
Rule 615(a) says that you can't use Rule 615 when the defendant is the witness....
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: e-filing at Suprem Court (in Appellate) by D.Merritt
After 9/12 it looks like we'll have no choice but to pay for one of these services. What I hate the......
TDCAA > TDCAA Community > Appellate

Discussion Topic  RE: Reasonable Suspicion Based on Personal Knowledge (in Criminal) by D.Merritt
Here are some cases that might be worth looking at: State v. Spillner, 173 P.3d 498, 509-10 (Hawai......
TDCAA > TDCAA Community > Criminal

Discussion Topic  RE: Inevitable discovery (in Criminal) by D.Merritt
I think the discovery of the warrant has to precede the search. State v. Maland, 140 Idaho 817, 1......
TDCAA > TDCAA Community > Criminal


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